On February 26, 2026, the National Labor Relations Board (NLRB) unveiled a new final rule that will withdraw the NLRB’s November 2023 final rule that sought to cast a wider net in determining joint employer status, which was struck down by a federal district court in March 2024. The new final rule will formally reinstate the NLRB’s February 2020 narrower standard for determining joint employer status based on thirty years of previous NLRB case law and required evidence that the putative joint employer exercised “substantial direct and immediate control over one or more essential terms or conditions” of another employer’s employees.
